Filing a Workers’ Compensation Claim

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Workers’ compensation benefits are a right of most employees in the United States. However, those benefits do not come automatically. There are processes that injured employees must follow in order to receive workers’ compensation benefits.

For assistance with filing your workers’ compensation claim and taking the steps toward receiving the benefits you deserve, contact Trenchard & Hoskins today.

Send us a message or call (575) 622-7774 for a free consultation with our legal team.

Who Qualifies for Workers’ Compensation Benefits?

Workers’ compensation benefits are available to injured employees in most industries. New Mexico, like most states, requires almost all employers to carry workers’ compensation insurance. Specifically, “All businesses that employ three or more workers are required to have coverage,” according to the state’s Workers’ Compensation Administration. Some exceptions to this rule include domestic workers, real estate agents, and workers who are covered by federal programs. If you are not employed in one of these industries, it is highly likely that you qualify for workers’ compensation benefits.

How to File a Workers’ Compensation Claim

Filling a workers' compensation claim includes the following:

• Step 1: Reporting your injuries to your employer. This must be done within 15 days of the accident.
• Step 2: You will need to complete a “Notice of Accident” form and other paperwork as part of the filing procedure.
• Step 3: Your employer will need to report your injury to their workers’ compensation insurance company.
• Step 4: The doctor who treats your work injury will need to be chosen from a list of medical providers who are approved by the workers’ compensation insurance company, unless you have predesignated your own doctor. The doctor will update your employer and their insurance company on your progress and work with the insurance provider to pay your medical bills.

Other benefits, such as lost wages, are determined by evaluating your injuries and negotiating with the workers’ compensation insurance company. Your injury will be classified as a temporary total disability, temporary partial disability, permanent total disability, or permanent partial disability, and your benefits will be allotted based on that classification.

Steps to File a Workers' Compensation Claim

To file a workers’ compensation claim, you must go through the following steps:

• Step 1: Report your injuries to your employer.
• Step 2: Your employer should provide you a list of medical providers who are approved by their workers’ compensation insurance company.
• Step 3: Visit one of the approved providers, this will allow you to receive coverage for your medical care. However, you may go to your predesignated a doctor prior to your injury, if you have one.
• Step 4: The doctor who is treating your injury will work with your employer and their insurance company to provide updates on your healing progress and ensure the bills are paid for.
• Step 5: You will need to negotiate with your workers’ compensation insurance company to receive lost wages or any lost benefits.

What if My Employer Does Not Assist Me with My Workers’ Compensation Claim?

Your employer has a responsibility to provide you with assistance if you have been injured on the job. Upon reporting your injury, they must give you the necessary forms and begin the claims process with their insurance company. If they have not taken these steps, are uninsured, or have otherwise hindered your attempt to file a claim, you may be able to recover benefits through the state’s Workers’ Compensation Administration. New Mexico has a system called the Uninsured Employers’ Fund (UEF), which pays injured employees and collects reimbursement from the employer.

We are available for free consultations. Complete our contact form or call (575) 622-7774 today to get started on your case.